A place where Big Stone Lake (and surrounding) area citizens can discuss area news, events and matters of concern.
 
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Big Stone Lake Area Community Forums

Big Stone Lake Area Community Forums - Registration Agreement Terms


Forum Terms of service

Using the forum. By registering on this forum, you agree to use it properly, and to refrain from posting any content that is aggressive, offensive, defamatory, hateful, or in violation of applicable laws and regulations. You agree not to post messages inciting or evoking illegal practices, or violating the terms of use of the service.

The moderators and administrators of this forum will do their best to delete or edit any reprehensible messages that may be posted on the forum. You acknowledge that all messages posted on this forum express the opinion of their respective authors, and do not necessarily reflect the position of the moderators and administrators.

In order to ensure the moderation of this forum, any message violating the preceding provisions may be edited or deleted without notice by the moderators and administrators of the forum. Any abuse may also be sanctioned by banning or deleting the user account. We reserve the right to inform your access provider and/or the judicial authorities of any malicious behaviour.

Your personal data. By registering on this forum, you agree that it may collect some of your personal data. This data collection is done either through the information you provide us, or through the use of the services itself, for technical data used for the forum proper functioning. You can access, modify or delete your data at any time. Users under 16 years old certify that they have obtained the consent of their legal guardian in order to proceed with this registration. For more information, please read our privacy policy.

This forum uses cookies to store information on your computer. These cookies only serve to improve the user experience. You can read the purpose of cookies on our forum help center. You can choose in your browser settings not to enable cookies, as this may disrupt the forum proper functioning.

This forum may send you electronic messages (e-mail), such as activity notifications, or newsletters, sent by Forumotion or by an administrator of this forum. You can choose in your profile preferences to receive or not each of these messages.


Click on the button 'I Agree to these terms' below :
- You acknowledge that you have read these rules in their entirety ;
- You agree to comply fully with this rules ;
- You grant moderators of this forum the right to delete, move or edit any topic at any time.

This agreement (the "Agreement") is entered into by and between you ("you") and Big Stone Lake Area Forums, LLC, (hereinafter referred to as "Big Stone") regarding your use of the Big Stone service (the "Service"). By using the Service, you are entering into this Agreement with Big Stone and indicating that you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions as originally stated, please do not use the Service. In addition, when using particular Big Stone owned or operated services, you and Big Stone shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Big Stone properties, shall be subject to the Agreement.
Priority. This Agreement, in combination with Big Stone's Privacy Policy (available here), sets forth the terms and conditions under which Big Stone makes the Service available to you. In the event of an inconsistency between this Agreement and Big Stone's Privacy Policy, this Agreement shall control.
1.Rights Associated with the Service. The Service is designed to help you find news information that resides on both Big Stone and on sites not owned or controlled by Big Stone. In particular, the Service provides brief descriptions of news stories to help you identify the stories of interest to you. When you select a story that appears to be interesting, you will be linked to either a Big Stone page that contains the full story or to the news site on which that story appears. Big Stone owns and retains all intellectual property rights to the Service; but Big Stone does not claim ownership rights to the full news stories, which are instead held by the sites to which the Service links or other third party providers.
The news stories displayed as results, or linked to, by the Service are developed by people over whom Big Stone exercises no control. The results that appear from Big Stone's indices are indexed by Big Stone's automated computers, and Big Stone cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. As a result, the Service may display results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Big Stone page will not include unintended or objectionable content. Big Stone assumes no responsibility or liability under any circumstances for the content of any site included in any search results or otherwise linked to by the Service.
2.Member Platform. There is a Member section of the Big Stone Service that allows a user to register with Big Stone as a Member. Registering as a Member does not make you an agent or employee of Big Stone in any way. This Agreement applies equally to Members and to any Content originating from Members.
As a Member of your own commentary and/or criticism, you may be permitted to upload, post, email, transmit or otherwise make available images, and/or hyperlinks related to those stories you choose. You may only upload, post, email, transmit or otherwise make available your own comments and/or criticism related to a particular posts. You are solely responsible for any material originating from you as set forth in the Content section of this Agreement.
As a .Member, you will have the ability to choose forums of interest to you from Big Stone’s Forums page and post such forums along with your own commentary and/or criticism about them to the Big Stone. As part of your own commentary and/or criticism, you may upload, post, email, transmit or otherwise make available images, and/or hyperlinks related to any posts/forums you choose. You are solely responsible for any material originating from you as set forth in the Content section of this Agreement.
As a Member, you will have the ability to promote a story to the Big Stone page that you alone completely author. You are solely responsible for any material originating from you as set forth in the Content section of this Agreement.
As a Member, you will have the ability to promote a URL to Big Stone. You are solely responsible for any material originating from you as set forth in the Content section of this Agreement.
As a Member, you must make sure that any images and/or text that you post or link to as a URL and/or a hyperlink are under your explicit control. Linking an image and/or text from another site that is not under your control can often result in that site changing the contents of what you have linked. If you choose to post a URL, hyperlink an image and/or any other content, you do so at your own risk. By hitting the [ENTER BUTTON], you are warranting that you have permission to post an image and/or hyperlink, even if it is subject to copyright protection. If you submit an image and/or content that is later alleged to be a copyright infringement, Big Stone will remove that image and/or content and comply with all related legal directives. Big Stone will comply with any lawful demands related to all copyrighted work. If the image posted to Big Stone is posted illegally, Big Stone will comply with state and federal law enforcement agencies in any action regarding the illegally posted image. To the extent Big Stone is able to identify persons who are responsible for repeat postings of material in violation of copyright law or other terms of this Agreement, Big Stone reserves the right to terminate accounts of such repeat violators. All rules set forth in the Content section of this Agreement apply equally to posting images and hyperlinks as well as all other forms of posting or linking.
3.Registration. When you register on Big Stone, you must provide true, accurate and complete registration information. Should Big Stone suspect that your information is not accurate and complete, your account may be subject to suspension or termination. To comply with the Children's Online Privacy Protection Act, at this time Big Stone is only available to users who are at least 13 years old. If you are under 13, you may not register to use Big Stone service.
As part of the Big Stone Community User registration process, you will be asked to provide an email address, date of birth and to select a username and password. As part of the Member registration process, you will be asked to provide your full name, date of birth, email address, username and password, and a short description of your qualifications. You will not be permitted to register as a Member unless you are registered as a Big Stone Community User. You, not Big Stone, will be responsible for all activities occurring under your username and for keeping your password secure. Please read Big Stone’s Privacy Policy for additional information as to Big Stone’s handling of your personal information. Big Stone retains the right to revoke and/or terminate any user’s (including Member’s) registration and all privileges associated with such registration at any time, including for any violation of this Agreement.
4.Use of the Service. You may only display the content of the Service for your own personal use (i.e., non-commercial use) and may not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any content. For example, you may not do any of the following: use the Service to sell a product or service; use the Service to increase traffic to your Web site for commercial reasons, such as advertising sales; take the results from the Service and reformat and display them, or mirror any portion of the results on your Web site; or use the Service as part of a "meta-search" offering. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. If you are uncertain whether your intended use of the Service is permissible, please contact us. In addition, Big Stone shall have the right in its sole discretion to suspend or terminate the Service or your access to it.

5.Content. “Content,” as used herein, is all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted. “User Content” is any Content provided by and/or originating from a Big Stone user. “Member Content” is any Content provided by and/or originating from a Big Stone Member, a user who properly registers on the Member Platform by providing all necessary information. As used herein, “Content” refers to both User Content and Member Content unless expressly stated otherwise. You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, and not Big Stone, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.
You shall be solely responsible for your own Content and the consequences of posting or publishing it. In connection with any and all Content provided by and/or originating from a Big Stone user or a Big Stone Member, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and/or permissions to use such Content and authorize Big Stone to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Service and this Agreement.
You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material, and to grant Big Stone all of the license rights granted herein.
You understand that Big Stone does not monitor or control the content of information posted by others, and instead simply provides a service by allowing users to access information that has been made available. Because Big Stone does not control the Content posted via the Service, Big Stone does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Big Stone be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Should Content be found or reported in violation with, but not limited to, the following terms, it will be Big Stone’s sole discretion as to what action should be taken, including suspension and/or termination of your account.
In addition, you agree to NOT use the Service to:
a.upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b.upload, post, email, transmit or otherwise make available any Content that shows nudity, partial nudity or adult content;
c.upload, post, email, transmit or otherwise make available any Content that exhorts others to commit illegal acts;
d.harm minors in any way;
e.impersonate any person or entity, including, but not limited to, a Big Stone official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
f.forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
g.upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
h.upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
i.upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.
j.upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
k.repost Content that was deleted;
l.post or submit links on behalf of someone else that was banned from the Service;
m.allow usage by others in such a way as to violate this Agreement;
n.disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
o.interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
p.intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
q.provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
r."stalk" or otherwise harass another;
s.upload, post, email, transmit or otherwise make available any Content that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
t.upload, post, email, transmit or otherwise make available any Content that includes personal or identifying information;
u.upload, post, email, transmit or otherwise make available any Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
v.use Big Stone as a forwarding service to another website;
w.solicit passwords or personal identifying information for unintended, commercial or unlawful use from other users;
x.exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people’s entries or other content when you have not been granted the privileges to do so;
y.upload, post, email, transmit or otherwise make available any Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law; and/or
z.collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
You acknowledge and understand that Big Stone may or may not pre-screen Content, but that Big Stone and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content for any reason, including for example, content that is available via the Service. Without limiting the foregoing, Big Stone and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Big Stone or submitted to Big Stone, including without limitation information in Big Stone message boards and in all other parts of the Service.
You acknowledge, consent and agree that Big Stone has the right to access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Big Stone, its users and the public. Further, Big Stone reserves the right to cooperate with legitimate law enforcement requests for information at its sole discretion.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Big Stone and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.  Big Stone owns all materials posted on this site.
You agree that Big Stone has no responsibility or liability for the maintained or transmitted by the Service. You acknowledge that Big Stone reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Big Stone reserves the right to modify these general practices and limits from time to time.
You agree that Big Stone may, under certain circumstances and without prior notice, immediately terminate your Big Stone account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) repeat postings of material in violation of copyright law or other terms of this Agreement, (c) requests by law enforcement or other government agencies, (d) a request by you (self-initiated account deletions), (e) discontinuance or material modification to the Service (or any part thereof), (f) unexpected technical or security issues or problems, (g) extended periods of inactivity, (h) engagement by you in fraudulent or illegal activities, and/or (i) nonpayment of any fees owed by you in connection with the Services. Termination of your Big Stone account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Big Stone's sole discretion and that Big Stone shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
Text comments, Member submissions, images and any other Content posted on Big Stone by registered users (including Members) may not be reposted or broadcast without the express written permission or license from Big Stone, and must attribute Big Stone as the source.
All users (including Members) of Big Stone certify and warrant that any Content he/she submits is his/her work and is not claimed by another. The user (including Member) agrees to insure that any work provided is correct, error free and does not contain any inflammatory language, indecency or obscenities. Furthermore, if the work is found to be illegally presented, claimed by another, or forged, Big Stone may remove such material and terminate user’s account, at Big Stone’s sole discretion. To the extent Big Stone is able to identify persons who are responsible for repeat postings of material in violation of copyright law or other terms of this Agreement, Big Stone reserves the right to terminate accounts of such repeat violators.
  Disclaimer of Warranties. Big Stone disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed by using the Service. Big Stone disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material, including without limitation any Member content and any other user generated content. Big Stone disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service.
THE BIG STONE SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BIG STONE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. BIG STONE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. BIG STONE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED FROM MEMBER’S COMMENTS. BIG STONE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
  LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL BIG STONE OR ITS LICENSORS BE LIABLE TO ANY USER (INCLUDING MEMBERS) ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF BIG STONE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Big Stone or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
  Requests for Removal of Links or Cached Materials. Big Stone occasionally receives requests from people to remove links from its indices. Although Big Stone reserves the right to address such requests individually, the general approach that Big Stone takes reflects the following principles:
Big Stone's indices consist of information that has been identified, indexed and compiled through an process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, Big Stone cannot and does not screen anything made available through its indices. For each web site reflected in Big Stone's indices, if either (i) a site owner restricts access to his or her web site or (ii) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, Big Stone would consider on a case-by-case basis requests to remove the link to that site from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the indices are likely to find that site and index it again in a relatively short amount of time.  If this step is taken it shall be at the expense of the requesting party.
  Hold Harmless and Indemnity. You agree to hold harmless and indemnify Big Stone, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including without limitation any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content (including but not limited to Member Content) you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another. The foregoing includes, without limitation, indemnity for any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Big Stone will provide you with written notice of such claim, suit or action.
  Release and Waiver. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Big Stone and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service.  Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.  The laws of the State of South Dakota are applicable and by using this site you submit to the State of South Dakota jurisdiction.  A post shall be considered made in South Dakota and shall constitute a business contact with the State of South Dakota for purposes of the Uniform Jurisdiction Act of South Dakota.
  Modifications of Terms. Big Stone shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting. Accordingly, we suggest that you check this page periodically. To make your periodic review more convenient, we will post a date at the bottom of this page.
  Intellectual Property Policy. Big Stone respects the intellectual property rights of others and endeavors to comply with all applicable US laws regarding intellectual property. Accordingly, it is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. To the extent Big Stone is able to identify persons who are responsible for repeat postings of material in violation of copyright law; Big Stone reserves the right to terminate accounts of such repeat infringers. Further, Big Stone’s policy is to provide attribution for the content available on the Service by linking to the source of the content. For directions and more information, please click here. For information regarding our trademark compliance procedure, please click here.
  Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Big Stone's failure to act with respect to a breach by you or others does not waive Big Stone's right to act with respect to subsequent or similar breaches. The failure of Big Stone to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This agreement shall be interpreted in accordance with the laws of the State of South Dakota as if made in South Dakota. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in South Dakota and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Big Stone may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract. This Agreement constitutes the entire agreement between Big Stone and you with respect to the subject matter hereof. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
DMCA Complaint
Digital Millennium Copyright Act
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov/) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public.
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
1.Identify in sufficient detail the copyrighted work that you believe has been infringed. For example, "The copyrighted work at issue is the text that appears on www.Big Stone.net/ads."
2.Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3.Provide information reasonably sufficient to permit Big Stone.net to contact you (email address is preferred).
4.Provide information, if possible, sufficient to permit Big Stone.net to notify the owner/administrator of the web page that allegedly contains infringing material (email address is preferred).
5.Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
6.Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7.Sign the paper.
Send the written communication to the address on our contact page.
Counter Notification
The administrator of an affected site may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at http://www.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
1.Identify the specific URLs of material that Big Stone.net has removed or to which Big Stone.net has disabled access.
2.Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Santa Clara County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
3.Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
4.Sign the paper.
Send the written communication to the address on our contact page.
Trademark Compliance
As a provider of space for advertisements, please note that Big Stone.net is not in a position to arbitrate trademark disputes between the advertisers and trademark owners. As stated in our Terms and Conditions, the advertisers themselves are responsible for the ad text that they choose to use. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites.
If you are a trademark owner (or represent a trademark owner) and have an objection to an advertiser's use of your trademark in ad text that is consistent with the foregoing, please provide the following information in a signed letter on company stationary:
1.Name of Company
2.Contact information (including email address)
3.List of trademark(s) at issue and the country/countries in which it is registered
4.The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad)
5.The content in the advertisement that concerns you.
6.If your site has an affiliate program, are affiliates permitted to use the trademark in the advertisement's content?
7.Include the following statement: "I have a good faith belief that use of the trademarks described above with the advertisements described above is not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law."
8.Include the following statement: "I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner."
9.Your signature.
Please send this written communication with the above information to the address on our contact page.
Please Note: The foregoing procedure applies only to the use of trademarks in advertisements, which are clearly marked as advertisement on our pages. We do not take action on objections to the use of trademarks in site to which we link. For any such objections, please contact the site owner directly.
Privacy Policy
Big Stone respects and protects the privacy of the individuals that use Big Stone's services ("Big Stone Services"). Individually identifiable information about you is not willfully disclosed to any third party without first receiving your permission or as explained in this privacy policy ("Privacy Policy").
Links to Other Sites
The stories/sites displayed and/or linked to by the Big Stone.com Service are developed by people over whom Big Stone exercises no control. Other links are also on sites not controlled by Big Stone. These other sites may send their own cookies to users, collect data, or solicit personal information. Big Stone encourages you to read the privacy policy of all web sites you visit. Big Stone may choose to exhibit its results in the form of a "URL redirecter." When Big Stone uses a URL redirecter, if you click on a URL on a Big Stone page, information about the click is sent to Big Stone, and Big Stone in turn sends you to the site you clicked on. Big Stone uses this URL information to understand and improve the quality of Big Stone's technology.
Children’s Privacy
We do not knowingly collect personal information from children under the age of 13.  If we learn that we have personal information on a child under the age of 13, we will delete that information from our systems.
Third Party Advertising
Big Stone uses third-party advertising companies to serve ads when you visit our Web site.  These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. 
Your consent and changes to the Privacy Policy
By using the Big Stone Services and our web site, you consent to the collection and use of your information as we have outlined in this policy and to our Terms of Service Policy. Big Stone may decide to change this Privacy Policy from time to time. When we do, we will post those changes on this page so that you are always aware of the information we collect, how we use it, and under what circumstances we disclose it.